Withdrawal of increments to JBT teachers, High Court quashes Govt. orders

Posted in Saturday 17 September 2011
by Rajkiya Prathmik Shikshak Sangh - 421

Withdrawal of increments to JBT teachers
 High court quashes govt orders
Saurabh Malik
Tribune News Service


Chandigarh, September 16
In a significant judgment, Justice Ranjit Singh of the Punjab and Haryana High Court has quashed the Haryana Government’s orders withdrawing “bunching increments” given to JBT teachers and directing the recovery of the excess amount from their pay and allowances.The order will affect hundreds of teachers.
As many as 23 petitions were filed in the high court on the issue.
In one of the petitions, Raj Singh Malik of Government Primary School in Sultanpur in Hisar district and 26 other petitioners had claimed that Haryana and other respondents had earlier fixed the pay of the petitioners by granting them the benefits of bunching as provided under Rule 7 (1) (A) of the HCS (Revised) pay rules, 2008.
The petitioners had added that subsequently the Finance Department issued a letter on June 14, 2010, withdrawing the benefits of bunching, besides directing the recovery of the excess amount.
Counsel for the petitioner had added that the action was taken without affording the opportunity of hearing to the petitioners.
Justice Ranjit Singh asserted: The present writ petitions are disposed of on a short ground without going into the challenge raised by the petitioners on merit.
“The impugned orders are set aside due to the violation of principals of natural justice. The case would go back to the respondents and they are granted liberty to issue show-cause notices to the petitioners; and after obtaining their reply can pass a fresh order in accordance with law.
“It would be appropriate if the respondents pass a well-reasoned order, making the petitioners understand as to how they are not entitled to the bunching increments?. If the petitioners feel aggrieved against the order, they would be at liberty to approach any authority for the redressal of their grievance”.